Guardianship and Administration Act 2000

If the tribunal is satisfied it is necessary to avoid serious harm or injustice to a person, the tribunal may, but only to the extent necessary, by order (a non-publication order), prohibit publication of information about a tribunal proceeding the publication of which is not prohibited under section 114A.

To the extent information about a tribunal proceeding is health information for a person, serious harm to the person includes significant health detriment to the person.

The tribunal may make a non-publication order on its own initiative or on the application of an active party.

If information about a tribunal proceeding discloses information prepared or provided by an entity, the tribunal may make a non-publication order on the application of the entity.

If information about a tribunal proceeding discloses health information for the person—

without limiting subsection (3) or (4), the tribunal may make a non-publication order on the application of—

the person; or

an interested person for the person; and

an application may be made by an interested person for the person even after the person’s death.

If a non-publication order is made prohibiting publication of information about a tribunal proceeding and the information about the tribunal proceeding discloses health information for the person, the person’s death does not affect the non-publication order.

A person must not contravene a non-publication order, unless the person has a reasonable excuse.Maximum penalty for subsection (7)—200 penalty units.